Dhola Ram vs Shanker Lal Khanda
2022 Latest Caselaw 7378 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet,
                                       SA No. 573 of 2017
    Dhola Ram S/o Besahu, Aged About 50 Years Occupation Agriculture, R/o Village
    Newra, Police Station And Tahsil Surajpur, District Surajpur, Chhattisgarh....Defendant
    No. 1.                                                                   ---- Appellant

                                            Versus

 1. Shanker Lal Khanda S/o Ram Jatan, Aged About 60 Years R/o Village Newra, Police
    Station And Tahsil Surajpur, District Surajpur, Chhattisgarh.,

 2. Onkar S/o Ramjatan, Aged About 58 Years R/o Village Newra, Police Station And Tahsil
    Surajpur, District Surajpur, Chhattisgarh.,

 3. Kathru S/o Ramjatan, Aged About 52 Years R/o Village Newra, Police Station And Tahsil
    Surajpur, District Surajpur, Chhattisgarh.,

 4. Chhabela S/o Ramjatan, Aged About 45 Years R/o Village Newra, Police Station And
    Tahsil Surajpur, District Surajpur, Chhattisgarh.,

 5. Bangali D/o Ramjatan, Aged About 62 Years R/o Village Newra, Police Station And Tahsil
    Surajpur, District Surajpur, Chhattisgarh.,

 6. Kamla Prasad S/o Angad Ram, Aged About 50 Years R/o Village Newra, Police Station
    And Tahsil Surajpur, District Surajpur, Chhattisgarh.,

 7. Bifiyea D/o Angad Ram, Aged About 45 Years R/o Village Newra, Police Station And
    Tahsil Surajpur, District Surajpur, Chhattisgarh.,

 8. Mahendra Khanda S/o Shanker Lal Khanda, Aged About 35 Years R/o Village Newra,
    Police Station And Tahsil Surajpur, District Surajpur, Chhattisgarh.,

 9. Rajo Bai Wd/o Malikchand, Aged About 75 Years R/o Village Newra, Police Station And
    Tahsil Surajpur, District Surajpur, Chhattisgarh...Plaintiffs No. 1to9.,

 10. State Of Chhattisgarh Through            The    Collector,   Surajpur,    District Surajpur,
     Chhattisgarh.....Defendant No.2,                                         ---- Respondents

07.12.2022 Shri H.B.Agrawal, learned Senior Advocate appears along with Smt. Swati Agrawal, counsel for the appellant.

Shri A.K.Prasad appears along with Shri Rishikant Mahobia, counsel for respondents No. 1 to 8.

Respondent No.9 is already deleted.

Shri Priyanshu Gupta, P.L. for the State/respondent No.10.

Heard on admission.

This appeal is admitted on the following substantial questions of law :

"i) Whether the suit as framed and instituted on 23.03.1993 seeking cancellation of the registered deed of sale dated 24.08.1989 (Ex.P.4 / Ex.D.4), is barred by time?

ii) Whether the finding of the Courts below holding that the registered deed of sale dated 24.08.1989 (Ex.P.4 / Ex.D.4), said to have been executed by the original plaintiff - Ramjatan in favour of defendant No.1 - Dhola Ram is forged one, is perverse?"

Also heard on I.A.No.01/2017 and I.A.No.3/2021, which are the applications

for grant of stay.

On due consideration, the applications are allowed and it is directed that

the effect and operation of the impugned judgment and decree dated 27.07.2017

passed by 3rd Additional District Judge, Surajpur, Dist. Surajpur in Civil Appeal

No.15-A/2013 shall remain stayed until further orders subject to appellant's

furnishing security amount of Rs.25,000/- before the concerned Executing Court

within a period of 30 days from today for due performance of the decree ultimately

to be passed by this Court.

The aforesaid applications are accordingly disposed of.

Since the respondents have already made their appearance, therefore, no

notice is required to be issued to them.

Counsel for the appellant is directed to supply the substantial questions of

law as framed to the counsel for the respondents.

                Certified copy as per rules.                               Sd/-

                                                                  (Sanjay S. Agrawal)
                                                                        Judge
Anjani